dismissed EB-2 NIW Case: Unknown

(b)(6)
DATE: FEB 2 6 2015 
IN RE: Petitioner: 
Beneficiary: 
Office: NEBRASKA SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration 
and Nationality Act, 8 U.S.C. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
�i�:�:;tmtivc Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant 
visa petition. The Administrative Appeals Office dismissed a subsequent appeal. The matter is now 
before us on motion to reconsider. We will dismiss the motion as untimely filed. 
In order to properly file a motion to reconsider, the regulation at 8 C.F.R. § 103.5(a)(1)(i) provides 
that the petitioner must file the motion within 30 days of the decision. If the decision was mailed, 
the motion must be filed within 33 days. See 8 C.F.R. § 103.8(b ). The regulation at 8 C.F.R. § 1.2 
explains that when the last day of a period falls on a Saturday, Sunday, or legal holiday, the period 
shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday. The date of 
filing is not the date of submission, but the date of actual receipt with the proper signature and the 
required fee. See 8 C.F.R. § 103.2(a)(7)(i). 
The record indicates that we issued our decision on April 18, 2014. We properly gave notice to the 
petitioner that he had 33 days to file a motion. The Form I-290B, Notice of Appeal or Motion, was 
initially received by U.S. Citizenship and Immigration Services on Thursday, May 22, 2014, or 34 
days after the decision was issued. 1 Accordingly, the motion was untimely filed and must be 
dismissed. 
In addition, the instant motion does not contain the statement about whether or not the validity of the 
unfavorable decision has been or is the subject of any judicial proceeding as required by the 
regulation at 8 C.F.R. § 103.5(a)( l)(iii)(C). 
The regulation at 8 C.F.R. § 103.5(a)(4) states that "(a] motion that does not meet applicable 
requirements shall be dismissed." Accordingly, the motion will be dismissed, the proceedings will not 
be reconsidered, and the previous decisions will not be disturbed. 
ORDER: The motion to reconsider is dismissed and the petition remains denied. 
1 As the initial submission was filed on an outdated version of Form I-290B, it was rejected and returned to 
the petitioner. The petitioner resubmitted the motion with the proper form on June 20, 2014, or 63 days after 
the decision was issued.